Sacramento California Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress

Name: Sacramento California Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
Brand: US Legal Forms
Rating: 4.74 (414 reviews)

Category:

Civil Actions - Complaints - Breach of Contract

State:

Multi-State

County:

Sacramento

Control #:

US-01598

Format:

Instant download

Description

This form is a Complaint. Plaintiff brings an action against defendant for breach of contract and requests a monetary award, plus punitive damages.

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FAQ

Compensatory Damages Damages for breach of implied covenant of good faith and fair dealing are limited to damages which might reasonably be foreseen by the parties and exclude punitive damages, pain and suffering and/or medical damages. (Quigley v. Pet (1984) 162 Cal.

One type of breach which the courts have recognized as being both a breach of contract and a tort is the breach of the implied duty of good faith and fair dealing. 5 California first recognized this tortious breach of the covenant of good faith and fair dealing in insurance contracts.

One type of breach which the courts have recognized as being both a breach of contract and a tort is the breach of the implied duty of good faith and fair dealing.

The implied covenant of good faith and fair dealing is automatically included in every contract and cannot be waived by the parties.

A violation of the duty of good faith may include an intentional derelict in the usual duties of a director or officer, intentionally acting for a purpose other than the benefit of the corporation, or intentionally violating the law.

An agreement made by promissory estoppel will typically have the same binding effects on parties that a valid contract would. If a party breaches an obligation created by promissory estoppel, a court can choose to assign either reliance damages or expectation damages.

There cannot be a written contract, for there to be promissory estoppel. Although you can sue for both, ultimately, a Plaintiff in a court case will have to choose between estoppel or breach of contract if there is a written agreement.

In California, every contract has an implied covenant of good faith and fair dealing. This is a promise the law implies into every contract that the parties will act in good faith to fulfill the contract.

To state a claim for breach of the implied covenant of good faith and fair dealing, a plaintiff must generally plead: (1) the existence of a contractual relationship between the plaintiff and defendant, (2) plaintiff's performance (or excuse from performance) of its obligations under the contract; (3) that the

Breach of contract is not an equitable remedy. If one has a breach of contract claim, then you cannot typically file an accompanying promissory estoppel claim. Specifically, promissory estoppel is not available when an unambiguous contract exists that covers the issue for which damages are sought.

Sacramento California Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress

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FAQ

What are damages for breach of implied covenant of good faith and fair dealing?

Is breach of covenant of good faith and fair dealing a tort?

Is breach of the implied duty of good faith and fair dealing a tort?

Can you waive implied covenant of good faith and fair dealing?

What is breach of duty of good faith?

Can you sue based on promissory estoppel?

Can you sue for breach of contract and promissory estoppel?

Is California a good faith and fair dealing state?

What are the elements of breach of implied covenant of good faith and fair dealing?

Can you have a promissory estoppel and breach of contract?

Interesting Questions

What is a breach of contract?

Can you give an example of a breach of contract in Sacramento?

What is an implied contract?

How can I prove the existence of an implied contract in Sacramento?

What is meant by good faith and fair dealing in a contract?

Can you explain the concept of promissory estoppel?

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